Which Schedule of the Constitution provides for Anti-Defection Law?

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IBPS Clerk Mains 8 October 2022 Memory Based Paper
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  1. 10th
  2. 7th
  3. 3rd
  4. 1st
  5. None of the above

Answer (Detailed Solution Below)

Option 1 : 10th
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Detailed Solution

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The correct answer is 10th.Key Points

  • The Tenth Schedule - popularly known as the Anti-Defection Act - was included in the Constitution via the 52nd Amendment Act, of 1985.
  • It sets the provisions for disqualification of elected members on the grounds of defection to another political party.
  • The anti-defection law punishes individual Members of Parliament (MPs)/MLAs for leaving one party for another.
  • It allows a group of MP/MLAs to join (i.e., merge with) another political party without inviting the penalty for defection.
  • As per the 1985 Act, a 'defection' by one-third of the elected members of a political party was considered a 'merger'.
  • The 91st Constitutional Amendment Act, of 2003, changed this and now at least two-thirds of the members of a party must be in Favour of a "merger" for it to have validity in the eyes of the law.

Additional Information

Schedule Description
1st The first schedule contains the list of states and union territories and their territories
3rd The third Schedule contains the Forms of Oaths or Affirmations.
7th This schedule deals with the three legislative lists: Union, State, and Concurrent.
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